INDUSTRIES, PUBLIC PROCUREMENT | The administrative court on temporary associations of enterprises in the Public Procurement Code

On 3 February 2025, the Regional Administrative Court of Lazio issued its judgment in case No. 2325/2025 addressing the interpretation of Article 68 of Legislative Decree No. 36 of 31 March 2023 (the so-called Public Procurement Code). The dispute concerned numerous temporary associations of enterprises (RTI, raggruppamenti temporanei tra imprese) and the method of scoring in the award phase of a tender procedure. More in detail, the claimant contested the lack of certain bonus point requirements for all the companies in the temporary association, as they were only possessed by the lead company. The new Public Contracts Code eliminates the distinction between vertical and horizontal temporary associations of enterprises. Consequently, a joint and several liability of all participating enterprises is established, regardless of the requirements held or the corresponding shares in the execution of the tender. Furthermore, the possession of a requirement by one member of the temporary association is sufficient for the entire RTI: the bonus score can be awarded on the basis of the requirement possessed by the principal, without the need for it to be extended to all the members of the temporary association.

Newsletter n. 105 – March 2025